Chief Judge Paul R. Michel of the United States Court of Appeals for the Federal Circuit asked the Patent Damages Handbook Committee Members to develop a handbook for trial courts to consult when deciding issues of compensatory damages in patent infringement... Read More
The purpose of the "single publication rule" is to control damages resulting from mass communications so that a repeated communication does not create new causes of action. While some occurrences of a single publication are rather straight forward... Read More
After successful prosecution of a counterfeiting case, a plaintiff may choose between trebled actual damages and statutory damages. The Ninth Circuit has interpreted the Lanham Act damages provision (15 U.S.C. § 1117) to preclude an award of attorneys'... Read More
The Ninth Circuit's recent interpretation of the Lanham Act's damages provisions surely surprised many trademark practitioners. It held that, when a plaintiff chooses to receive statutory damages in a counterfeiting case instead of opting for... Read More
In Bryant v. Media Right Prods. , 2010 U.S. App. LEXIS 8657 (2d Cir. N.Y. Apr. 27, 2010) , the Second Circuit affirmed that a copyright owner was entitled to only one award of statutory damages for its music album compilation even though the album's... Read More
Looney Ricks Kiss Architects, Inc. v. Bryan USDC W.D. Louisiana, December 7, 2010 Click here for a copy of the full decision . In copyright infringement action, court allows plaintiff to use defendants' projected future profits... Read More
The purpose of the "single publication rule" is to control damages resulting from mass communications so that a repeated communication does not create new causes of action. While some occurrences of a single publication are rather straight... Read More